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A. MUHAMED MUSTAQUE, P. KRISHNA KUMAR
P. N. SAJI, (Former Senior Grade Assistant, Kerala Public Service Commission, Thiruvananthapuram) – Appellant
Versus
Kerala Public Service Commission – Respondent
JUDGMENT
P.Krishna Kumar, J.
A disciplinary proceeding was initiated against the petitioner, an Assistant Grade II, in the service of the Kerala Public Service Commission while he was working on deputation in the Kerala State Beverages Corporation (KSBC). The allegation against him was that he had misappropriated Rs.2,26,335/- while working in a retail shop of KSBC at Bison Valley in Idukki District by falsifying and manipulating the sales records. After the formal enquiry, he was found guilty and was awarded with a punishment of dismissal from service. Against the order of dismissal, he approached the Kerala Administrative Tribunal, but it evoked no positive result, hence this original petition.
2. On 24/04/2009, when an inspection was conducted in the retail shop of the petitioner, it was found that the petitioner did not remit Rs.5,000/- from the sale proceeds of 22.04.2009, and it was reported to the parent department. The KSBC further decided to take the stock in view of the above disparity. When the stock was inspected by the audit team, it was found that there were several short remittances on various days totalling Rs.2,26,335/-. Thereafter, on 17/07/2009, the Managing Directo
Procedural irregularities in disciplinary proceedings do not automatically invalidate the inquiry unless they result in prejudice to the employee's ability to defend themselves.
It is a duty of Inquiry Officer to scan entire evidence in order to arrive at a finding after judging case of all the parties, adhering to the principles of natural justice, otherwise, inquiry is vit....
Disciplinary proceedings must adhere to specified regulations; lack of defined misconduct requires clarity for fairness.
The charge of corruption requires to be proved beyond any shadow of doubt and to the hilt, and it cannot be proved on mere probabilities. The Authorities in a matter of disciplinary proceeding must c....
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
Disciplinary actions must adhere to principles of natural justice, ensuring charges are clear and the accused gets a fair opportunity to defend against allegations.
Grant of reinstatement - Court will not ordinarily interfere in the punishment imposed in the disciplinary proceedings to substitute its own conclusion on penalty except where the punishment imposed ....
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